Torts 3.0

Question 1

What duty is owed if a discovered trespasser is hurt by an activity being conducted by occupier or her employees?

Answer 1

duty of care of reasonably prudent person acting under similar circumstances

Question 2

IF trespasser encounters dangerous condition on occupiers land, what 4 part test must be met before occupiers duty will extend?

Answer 2

1. condition is artifical (man-made)
2. condition is highly dangerous
3. condition is concealed from trespasser (not obvious)
4. occupier had advance knowledge of dangerous condition

Question 3

What is a licensee?

Answer 3

social guest who confers no economic benefit on land

Question 4

What is a invitee?

Answer 4

on land for commerical purposes

Question 5

What duty of care/ conditional protections does an occupier owe an invitee?

Answer 5

Duty- reasonable prudent person

Protect- from concealed conditions occupier knows of/ should have known of

Question 6

What duty of care/. conditional protections does an occupier owe a licensee?

Answer 6

Duty- reasonable prudent person

protect- from concealed conditions that were known in advance of licensee’s injury

Question 7

What 2 factors must be apparent for a P to bring a negligence per se claim?

Answer 7

1. P member of class statute seeks to protect

2. type of accident is w/in class of risks statute meant to prevent

Question 8

What are the 2 key exceptions to the negligence per se rule?

Answer 8

statute cannot be used to prove neg if…

1. compliance w/ stat is more dangerous than actual violation
2. compliance impossible under circumstances

Question 9

When will the general rule that no duty to rescue exists not be applied? (2)

Answer 9

1. when D is cause of P/ victims peril
2. when pre-exisiting relationship b/w parties (ex. family, occupiers to invitees)
   - both contemplate an expectation created by Ds conduct

Question 10

What 2 key factors must be shown by a P in a negligent infliction of emtotional distress (NIED) claim?

Answer 10

1. P victim who was in the ZOD was exposed to risk of injury

2. P shows subsequent physical manifestations of distress

Question 11

What sort of cases does the term res ipsa loquitur refer?

Answer 11

cases where proof of negligence is self-evident; ususally applies when P lacks info of D’s wrongful conduct

Question 12

What 2 factors must be shown by a P offering a res ipsa loquitur claim?

Answer 12

1. accident is 1 normally associated w/ neg

2. instrument causing injury was w/in exclusive control of D (show by prep of evidence - more likely than not)

Question 13

What is the main test to establish factual causation?

Answer 13

But for test: P’s harm would not have occured but for D’s conduct

Question 14

What must be true for D’s conduct to be established as the proximate cause of P’s harm?

Answer 14

foreseeability: consequences of D’s conduct are foreseeable at the time of act
- intervening causes generally not affect foreseeability or Ds liablity

Question 15

What 4 types of indirect intervening causes have no impact on D’s liability?

Answer 15

Intervening…

1. medical malpractice
2. negligent rescue
3. protection reaction forces (panic of others causing further injury)
4. subsequent accident or disease

Question 16

What 3 types of causes are deemed superceding intervening causes such that D’s liabiity is cut off?

Answer 16

chain of causation broken by

1. extraordinary weather conditions
2. extraordinary coincidences